Agenda

January 7-9, 1996 Tokyo, Japan

1.
Opening
1.1
Convenor's Remarks ... Dr. Seiji Ohsumi, Director-General, ICR
1.2
Election of Chairperson and Rapporteur
1.3
Adoption of Agenda
1.4
Introduction of Participants and Observers
1.5
Publication of the Report
1.6
Announcements from the Secretariat

2.
Background of the Workshop
2.1
Objectives of the Workshop
2.2
Nature, Benefits, and Limits of Legal Discourse

3.
Documentation
3.1
Paper Presentations by Participants
3.2
Review of Contents of Casebook and Other Relevant Documents

4.
Discussion of Legal Issues
4.1
Present Legal Status of IWC
4.1.1
The Nature of International Regimes
4.2
Rights and Obligations of Member States under the ICRW
4.2.1
Relationship of ICRW to Obligations Under the Vienna Law of Treaties
4.3
Moratorium on Commercial Whaling
4.3.1
Interpretation of Schedule
4.3.2
Article V of ICRW (Objection Clause)
4.4
Southern Ocean Sanctuary
4.4.1
ICRW and Schedule Amendment for Southern Ocean Sanctuary
4.4.2
Scientific Advice and legal requirements under the SOS
4.5
Resolutions of the IWC - Are they binding upon the parties?
4.5.1
Case-by-case analysis
4.6
Relationship of ICRW with Other Legal Instruments
4.6.1
UNCLOS III Convention
4.6.2
Straddling Stocks Agreement
4.6.3
Central Bering Sea Pollock Agreement
4.6.4
Convention on the Conservation of Antarctic Marine Living Resources
4.6.5
Biodiversity Convention
4.6.6
Agenda 21
4.7
Use of Boycotts, Trade Sanctions and other Measures under a State's Domestic Jurisdiction to Enforce A Claim That Another State Is Violating Its International Environmental Obligations
4.8
Morality, Cultural Diversity, Human Rights and the Legality of Acts Which Harm Dependent Peoples
4.8.1
Sustainability as a Legal and Moral Standard
4.8.2
The Lethal Utilization of Cetaceans
4.8.3
Small-type Coastal Community Based Whaling
4.8.4
Jus Cogens and Imposed Regimes
4.9
Recourse of States Who Believe Their Rights have been Violated under ICRW
4.9.1
ICRW lack of dispute-settlement procedures
4.9.2
Negotiation
4.9.3
Conciliation
4.9.4
Arbitration
4.9.5
Judicial Settlement
4.9.6
What is the most Appropriate Venue?
4.9.6.1
ICJ
4.9.6.2
UNCLOS III
4.9.6.3
Straddling Stocks
4.9.6.4
Other
4.10
Science, Law and the ICRW
4.11
Are There Other Better Legal Models For Resolving Disputes Over the Management of Whales?

5.
Other Matters

6.
Discussion of Final Report

7.
Future Tasks

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